Category Archives: Consumer Protection

Florida Rule of Civil Procedure 1.220(a) contains four (4) threshold requirements in order to obtain class certification: (1) Members of the class are so numerous that separate joinder of each member is impracticable (“numerosity”); (2) The claim or defense of the representative party raises questions of law or fact common to the questions of law […]

Sometimes plaintiffs sue for all the wrong reasons. If a party sues an individual without a proper basis to bring suit, the party being sued may have a claim for malicious prosecution against the party who wrongfully filed suit. Florida has long recognized malicious prosecution claims. Long ago (1932) the Florida Supreme court in Duval […]

Home loans insured by the Federal Housing Authority (“FHA”) often contain language providing that the note which is secured by a mortgage “does not authorize acceleration when not permitted by HUD regulations …” In the context of foreclosure actions, two regulations are of particular importance. Under 24 C.F.R. § 203.604(b), “[t]he mortgagee (i.e. the lender) […]

Many “trial lawyers” crow about how much money they make for themselves and their clients. We’re not of that ilk. Every case is important to the client, and for us. Let me tell you about a recent case of ours that I’m just tickled about. We represent a wonderful woman who has been a public […]

Let me begin by apologizing for the very long delay in blog posts…..I’m a busy, practicing Trial Lawyer, who occasionally blogs, and not a professional blogger who ghosts writes a blog….. Still I’ll try to post more often. Yesterday, the New York Times published a story related to Wells Fargo, and its conduct of force […]

I posted about Reverse Mortgages two weeks ago. We received some excellent and helpful e-mails in response, as well as several comments here on the Legal Examiner. One of those comments suggests that our information is old and outdated. Actually that is simply not true….. Further, I am certainly not alone in my concerns. I […]

Last September, I posted about reverse mortgages here. We agreed to represent our client, Mrs. Gravlin 4 days before the trial was scheduled in the foreclosure action. She had a reverse mortgage, they were foreclosing on her (despite what you might have seen on TV commercials, you can lose your house…..) Mrs. Gravlin had been […]